HomeMy Public PortalAbout03/04/03 CCM83
MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 4, 2003
The City Council of Medina, Minnesota met in regular session on March 4, 2003 at 7:30
p.m. in the City Hall Chambers. Mayor Zietlow presided.
I. ROLL CALL
Members present: Workman, Lane, Zietlow, Smith, and Brinkman.
Members absent: None.
Also present: City Attorney Ron Batty, Public Works Director Jim Dillman, City
Engineer Tom Kellogg, City Administrator Chad Adams, Planning and Zoning
Administrator Loren Kohnen and Recording Secretary Karen Whaley.
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
It was requested to pull item 5D from the agenda.
It was requested to correct item 5A to say Crystal, not Loretto.
Moved by Lane, seconded by Workman, to approve the agenda as amended. Motion
passed unanimously.
IV. APPROVAL
A. Approval of the February 18, 2003 Regular City Council Meeting Minutes
It was noted on page one that item 5B. was removed from the consent agenda, and on
page two, starting with the first paragraph, is the discussion for item 5B, which should be
labeled as such.
Also noted on page two, item 6B should state: "Dillman noted the Park Commission
recommended approval of $8,000 for picnic tables and benches in Hamel Legion Park
from the Hamel Legion Park fund", and the motion for item 7A1 should state: "to
postpone the grant application".
It was noted on page four, paragraph three should state: "Bill Loe asked...".
Moved by Brinkman, seconded by Lane, to approve the February 18, 2003 regular City
Council meeting minutes as amended. Motion passed unanimously.
V. CONSENT AGENDA
A. Resolution to Support CDBG funding for Living Works Lodge project in
Crystal.
B. Resolution Authorizing Truck Purchase for Public Works Department.
C. Resolution to Accept Road Material Bids.
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D. Resolution to Grant Final Plat Approval of Hamel Legion Park Second
Addition.
Item D was removed from the consent agenda as previously requested.
Moved by Workman, seconded by Smith, to approve the consent agenda as amended.
Motion passed unanimously.
VI. COMMENTS
A. Comments from Citizens on Items not on the Agenda
There were none.
B. Park Commission
Dillman noted there have been several meetings concerning the City's trail system, and
the Park Commission is currently putting together costs.
Smith noted the goal is to discuss again at the next meeting, with each of the
Commissioner's having take -away items to work on. She indicated the plan needs
additional work, and should be ready in a couple of months.
C. Planning Commission
Kohnen noted they have taken care of several ordinance housekeeping issues. He
stated Rolling Green will be coming before the Council later this year for permits for a
larger pool and a small addition to their cabana. He added Rolling Green Business
Center should be coming as well, with a proposal similar to the last one, which includes
townhouse style offices with a residential look.
VII. BUSINESS
B. Parks
1. Construction Consulting Services for Hamel Legion Park
Community Building project.
Adams reviewed that the City had received three proposals, and Staff met with two of
the consulting firms, conducting interviews on Monday and Tuesday. He indicated the
scope of the services requested would include design review, budget preparation, bid
request and review to award the contract, as well as other miscellaneous services. He
noted the proposal they are recommending through Bill Wolters with Constructive Ideas
for $7500 and outlines the fees being charged. Adams advised they received one bid
lower, for $7000, but when interviewing the consultants were more comfortable with
Wolters, who has a broader range of experience working with municipalities.
Kohnen concurred with the recommendation.
Smith questioned the $9400 extra to have consulting through the entire construction,
stating she expected it would be through the entire process like in Long Lake, and was
surprised at the amount.
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Adams stated Long Lake used two processes, one for the Fire Station and an
abbreviated version, such as this, for the City Hall. He stated Staff thought the architect
would be the overseer during the construction phase, and if issues were addressed
upfront during the design phase additional supervision would not be necessary.
Batty indicated the idea was to spend the money upfront so there are no surprises in the
future, and to ensure that the City is not saving money now just to have increased
maintenance in five or ten years that could have been avoided.
Wolters indicated the construction management fees for the Long Lake Fire Station
were $75,000. He noted the benefits they received for that project and outlined the
differences with the City Hall project. He discussed the benefits of value engineering to
eliminate surprises.
Smith asked if he would review the design using the sustainable guidelines that may be
required by the State.
Wolters indicated he has done some work with Rebecca Wolters at Dakota County
Northern Service Center, and does budgets for many city and county projects, and will
review however Medina requires.
Zietlow noted they were being asked to approve Phase I at this time.
Batty commented he thinks it is a good idea to have a disinterested third party involved
at this stage of the process to make sure nothing is being missed.
Smith asked who would oversee construction.
Batty indicated there is a lot of construction experience through the Lion's Club, and
they, along with the architect, would oversee the actual construction.
Smith commented that overseeing construction needs to be in the agreement with the
Lion's Club if that is the approach the Council is going to take.
Moved by Workman, seconded by Brinkman, to approve Phase I of the Construction
Consulting Services contract for Hamel Legion Park Community Building Project.
Motion passed unanimously.
2. Concession Building proposal in Hamel Legion Park
Adams reviewed the project and noted a letter of intent from the Hamel Athletic Club,
outlining their desire to proceed with fundraising for this project. He noted the critical
question is if the Council is willing to let the building be constructed and then turned over
to the City. He stated he spoke with the insurance agent for the City who had some
concerns, but indicated it would probably be okay if the City was provided with a
certificate of insurance.
Jerry Dykhoff represented and introduced members of the Hamel Athletic Club Building
Committee and outlined the plan as noted in their letter to the Council. He indicated the
building would be turned over to and maintained by the City after construction. He
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explained they have a program for 500 kids, and the intent is to move the entire program
to the Hamel Legion Park as soon as this building, with bathrooms, is constructed.
Dykhoff stated they know this is a unique situation, and explained they want to build the
building as economically as possible, with a goal of raising $150,000. He indicated they
do not know how much of a building they will be able to build, but are proposing a shell
at minimum, with the interior completed as money allows. He asked for approval from
the Council to raise funds for this project and a permit to build on a time and material
basis, as spelled out in the letter. He indicated that while the committee has not
discussed the insurance issue, he would hope the City could take care of that piece.
Dillman noted that sewer and water was already there, it would just be a matter of
hooking up to it for the bathrooms.
Dykhoff advised that the Hamel Athletic Club had erected two shelters at the park in this
same manner, with fundraising and donations of time and materials, and would like to
do this building the same way, with Staff supervision. He indicated the building would
be similar to the picture provided in Wayzata, with no heat, but complete bathrooms, a
concession stand area and storage space to store equipment for the programs.
Workman commented it was a good project, but wanted to make sure insurance was
addressed and stated he does not want the project started until most of the money is
raised so the project can be finished.
Adams indicated the insurance agent had advised against the City taking out a
certificate of insurance for the construction phase, due to the liability.
Tom Dykhoff stated they would pursue a rider during the construction phase.
Batty advised it is a conceivable plan, and the City could accept a donation, but it is a
complicated issue. He stated they need to lay out control over design, control over
construction, ADA requirements for public buildings, insurance issues, certainty of
completion, ongoing maintenance and any other site improvements that would be
required.
Lane asked if a performance bond would be acceptable to ensure completion or if it is
too expensive.
Batty thought that would be difficult because of the nature of the entity. He
recommended not starting construction until the majority of the money was in hand,
adding that may be an added difficulty with donated materials and labor.
Lane asked that the design be compatible with the new Hamel Community Building.
Jerry Dykhoff indicated it would be, adding the design would be approved by their
Building Committee and by City Staff.
Workman indicated he would be okay with having Staff work with them, but wants the
City Council to have plan approval.
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Brinkman asked Staff to provide a checklist of things for them to consider, and have the
Committee interface with Staff on the building design.
Smith asked if there were other options than turning the building over to the City, such
as leasing the Legion the land the building would be on.
Batty indicated all the issues and options need to be reviewed to see what the City
needs to move forward with this generous offer.
Motion by Workman, seconded by Brinkman, to have staff review the Concession
Building proposal and provide recommendations. Motion carried unanimously.
Batty cautioned about allowing the Legion to begin fundraising under false pretenses, as
the City Council has not given full approval yet.
Tom Dykhoff indicated they will work with Staff to lay out the issues for the City Council
with proposed solutions, addressing ADA, budget, scheduling, etc.
A. Public Works
1. Storm Water Pollution Prevention Program
Zietlow requested this issue be tabled, as he has some major concerns with it and would
like to meet with Staff to address.
Adams indicated there would be a small problem with the timetable, although there is a
proposed extension to May 9, but he recommends getting the preliminary application in
by the March 10 deadline.
Zietlow indicated his problem was with the objectives, noting that if the application can
be submitted without the objectives, he is okay with it. He indicated the objectives as
listed would cost hundreds of thousands of dollars.
Smith noted they have to discuss at some point.
Batty noted the deadline issue eluded to is March 10, with a recent extension to May 9,
however March 10 is a Federal deadline and there is question if the State has the
authority to extend it, therefore he cannot give assurance of the extension.
Kellogg indicated his understanding is that the City can submit an application of intent
saying they are working on it and it will be ready by May 9.
Zietlow stated he wants to make sure they go into this with their eyes open, and he does
not think the City needs to do all of this.
Kellogg stated he would contact Jennifer Hildebrand and see what needed to be done
by March 10, adding they are one of a few municipalities that are ready to go, and most
will not meet the March 10 deadline. He does not believe they will be imposing
penalties, but he would like to have Jennifer come in and answer questions. He added
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the cost analysis does show about $100,000 a year, but a lot of the costs are ones the
City is already spending.
Zietlow thinks there are ways of fulfilling the legal obligation without going overboard.
Kellogg, Dillman and Adams commented that Staff thought they had gone down to bare
bones from what was recommended, but prefers to have Jennifer answer questions.
After additional discussion, it was agreed Zietlow and Smith would meet with Jennifer
and Staff on Friday morning, March 7 at 8:00 a.m.
Moved by Lane, seconded by Workman, to table approval of the Storm Water Pollution
Prevention Program plan until the March 18, 2003 meeting. Motion passed
unanimously.
Smith verified that Staff will send in the first pages of the application by the March 10
deadline.
2. Sioux Drive Study
3. Uptown Hamel Drainage Study
Adams indicated these reports had been discussed at the work sessions, and Council
needs to decide if they want to accept them.
Lane asked what was important about accepting them rather than just having the results
available.
Adams indicated it shows that the City is prepared in this area and helps mitigate issues
that could come up when proposals come forward.
Batty added that from a legal perspective, the City needs to accept the feasibility report
if they want to consider assessing. He stated one was a study, which just needs to be
accepted, but the feasibility report should be adopted. He added Staff is looking for
direction from the Council on the importance of these issues to be able to prioritize and
allocate their time. He stated if they wanted to take the drainage study to the next step,
they could amend the study to include a feasibility report.
Kellogg noted this was only necessary if they want to assess based on the study.
Moved by Smith, seconded by Workman, to adopt the Sioux Drive Feasibility Report
and accept the Uptown Hamel Drainage Study with no further direction to staff to move
ahead. Motion passed unanimously.
4. County State Aid Highway (CSAH) 19
Dillman reviewed the letter from the Hennepin County Transportation Department for the
Council, indicating the issues they had, such as sewer and city costs, had been worked
out. He indicated Hennepin County is picking up all the costs now, just like Highway
101, but when Medina reaches a population of 5000, from their current 4200, it will not
continue that practice.
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Lane asked if there were any hidden charges, like with 101, for utilities or anything along
those lines.
Craig Twinem, project manager representing Hennepin County, indicated curb and
gutter were proposed along a section of the improvements, and their cost participation
program indicates the City would pay 25 percent of that cost. He stated he does not
believe there are any utilities, but they are asking for preliminary approval so they can
get into more details and provide the City with a cost estimate, which will happen before
final approval.
Lane asked if owners have to rebuild septic systems, would that take place at County
expense.
Twinem indicated it would, if it was determined that was the best solution. He added
that the previous plan had shown a raised median, which has been eliminated and will
have double line stripping instead.
Lane clarified that the parking ban is forever, not just during construction.
Twinem indicated that was correct, it is a State Aid requirement.
Moved by Lane, seconded by Smith, to Approve the Preliminary Layout No. 1, with
stripping, dated June 5, 2001, and authorize the County to acquire all right-of-ways,
permits, and or easements required for the improvements proposed in Preliminary
Layout No. 1, and ban the parking of motor vehicles at all times and provide
enforcement for the prohibition for those portions of Project No. 9225 within its corporate
limits. Motion passed unanimously.
C. Planning
1. Planning Commission Appointments
Kohnen advised that they have three applicants for three openings, with no other
responses received. He noted that Lenny Leuer is on his last three-year term.
Kohnen indicated Staff is recommending the reappointments.
Moved by Workman, seconded by Brinkman, to appoint Lenny Leuer, Dick Picard and
Bill Loe to the Planning Commission for three-year terms. Motion passed
unanimously.
2. Resolution to approve preliminary plat approval for sub -division,
Rita Jubert, 1355 Hamel Road.
Adams reviewed that this had been directed to Staff to make recommendations, and
Staff wants to bring it back on the next Council meeting to start ordinance changes to
address Park Dedication fees. He reviewed that the current policy since May 2002 is
that fees are $3300 per living unit, not to exceed 10 percent of the property value, and is
not clear if that includes all three lots or excludes the existing lot in this case.
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Kohnen commented that the ordinance says all three lots should be done, and the City
should not be negotiating, but the problem is the wording says per lot, and they had a
situation where there were a lot of units on one lot. He demonstrated the current
situation on a site map, including ghost platting, and stated he believes they should pay
for the large lot, and it can be credited back if not done.
Batty indicated it is clear the ordinance needs to be revised, and stated what is being
suggested is that Staff provide recommendations at the next meeting, as the last several
subdivisions have all been done differently. He added that Council needs to address the
Jubert's subdivision now.
Discussion ensued on the current policies, and recommendations for handling the
Jubert's subdivision. Workman recommended approving the Jubert subdivision based
on 10 percent of $3300 and having staff come back with recommendations to change
the ordinance going forward.
Kohnen stated he would want the ordinance changed as soon as possible, before the
Rolling Green Business Center comes before the Council.
Zietlow asked where the 10 percent recommendation came from.
Batty explained it was from a Bloomington case several years ago, where the court
determined 10 percent to be reasonable. However, he indicated while 10 percent may
have been reasonable in that case, it is not necessarily always that way. He believes
there should be more subtle decisions based on use, which is much harder to do than
having a flat $3300 fee or 10 percent of the land value.
Lane discussed the three parcels, indicating that neither the large residential lot nor the
existing homestead lot will have a heavy tax on recreational facilities, nor will the
commercial lot. He referred back to the Council discussion on 10-acre exceptions, and
asked Batty to review section 820.71 H, which refers to 10-acre exceptions in undivided
subdivisions to see if it applies. He indicated if they look at the 10-acre exception, only
the commercial lot should pay the fees.
Smith indicated she has sat in on many Park Commission meetings and has seen the
cost of trails, and understands the City needs to have the money if they want to have a
trail system.
Lane indicated the Planning Commission recommended one park dedication fee.
Zietlow stated he believes that was based on Commissioner Leuer's belief that 10 acres
should still be exempt.
Lane agreed, but stated to settle Jubert in an equitable manner, he moves to accept the
Planning Commission recommendation and assess one park dedication fee of $3300.
There was no second to the motion.
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Moved by Workman, seconded by Lane, to approve the preliminary plat approval for
sub -division, Rita Jubert, 1355 Hamel Road with two -park dedication fees of $3300
each.
Smith expressed concern that giving them the trail easement in exchange for the third
$3300 may be setting a precedent. She indicated she had been involved in the
discussion to go to $3300 per lot, and thinks it should apply here.
Workman indicated he does not agree with assessing the existing property when there
is not new or additional value to that lot.
Batty noted that the easement to the City is an extraction under the ordinance, and is
worth much more than the $3300. He reminded the Council that while they are focusing
on money, the ordinance says the Council may request land or fees in lieu of land when
land is not needed. He indicated the ordinance allows for two separate dedications,
one for roads and one for parks, adding credit is not given for the road easement toward
the park dedication requirements. He indicated the advantage to using a percentage is
to take the moneys equivalent of the land value.
Brinkman asked for clarification on why the limit was $3300.
Zietlow indicated the surrounding cities were similar, and added that Wild Meadows
started at $5000 and was negotiated down to $3300.
Lane noted it was negotiated down because of all the open space and trails that were
being gained.
Smith noted they were getting the value of the trail, which is worth more than $3300.
Motion carried unanimously.
Batty indicated he and Staff will try to lay out a change to the ordinance, however he
does not think there is consensus with the Council and he does not expect everyone will
be happy with the recommendation they provide.
Smith stated that at a Planning Commission meeting they discussed how to handle
affordable living units, and asked if the Council wanted to consider lower fees for this
type of development.
Workman commented he would prefer no exceptions.
Batty reminded them it was their discretion to take land or cash.
Zietlow asked about the 10-acre exception rule.
Workman indicated it should go away.
Zietlow stated it had worked for years, and explained the theory with providing an
exception for lots 10 acres or more.
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Batty indicated Staff would provide a draft for Council to review.
D. Administration
1. Reschedule March 25, 2003 Special Meeting
Moved by Smith, seconded by Brinkman, to reschedule the March 25, 2003 Special City
Council Meeting to April 29, 2003 from 7 — 9 p.m. to discuss Agriculture Preserve and
Uptown Hamel. Motion passed unanimously.
Smith asked about the HCD priority services list, which she stated requested comments
by March 10.
Adams stated a letter was being prepared from area Mayor's to address.
Smith indicated she did not want it sent out until she sees it, and she does not want to
lose services. She asked what were presented as the top issues.
Lane indicated there was a meeting held that morning, called by Hennepin County
Environmental Services and attended by five or six northwest communities and the
Watershed District. He indicated there was agreement that all involved parties want the
County to absorb as many of these services and staff as possible, adding that Medina
shares the same views as the other cities involved.
Smith reiterated that she would like to know what were represented as the top priority
services.
Adams will try to get a copy of the report.
VIII. APPROVAL TO PAY THE BILLS
Workman asked Adams to look at the City Bonds and review the interest rates in
consideration of using surplus funds to pay them off.
Zietlow asked about the check for the parking lot lights, asking if they were now in
compliance.
Dillman stated that check was for a broken underground wire.
Smith commented the lights in the lot appear to be on late at night and asked Staff to
check them.
Moved by Workman, seconded by Smith, to approve the bills, order check numbers
24839-24890 for $279,175.79, and payroll check numbers 17985-18000 for
$20, 773.79. Motion passed unanimously.
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IX. ADJOURN
Moved by Workman, seconded by Brinkman, to adjourn the meeting at 10:10 p.m.
Motion passed unanimously.
Philip K. Zietlow, Mayor
Attest:
Chad M. Adams, City Administrator
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Medina City Council Meeting Minutes 94
March 4, 2003
GENERAL CHECKS - MARCH 4, 2003
24839 Void $0.00
24840 ALLSTAR ELECTRIC $868.39
24841 AMERICAN PLANNING ASSOCIATION $75.00
24842 ASPEN ENVIRONMENTAL $69.33
24843 BELLAND, EDGAR $64.00
24844 CENTERPOINT ENERGY $478.87
24845 CHAFFINS, GARY $47.75
24846 CLASSIC CLEANING $399.38
24847 COLLISION CORNER $1,005.85
24848 CULLIGAN $49.20
24849 DELTA DENTAL $963.10
24850 EGAN-MCKAY ELECTRICAL CONT.,IN $222.83
24851 ERICKSON, ROLF ENT., INC $4,346.38
24852 EXXONMOBIL $180.00
24853 FORTIS BENEFITS $331.15
24854 GOPHER STATE ONE CALL $27.90
24855 HAWKINS INC $881.64
24856 HENNEPIN CO.TREAS.,ACCTG.SVCS $1,112.00
24857 HENNEPIN COUNTY SHERIFF $251.21
24858 HENRY & ASSOCIATES $4,688.99
24859 INVENSYS METERING SYSTEMS $1,000.00
24860 KENNEDY & GRAVEN $9,116.68
24861 KUSTOM SIGNALS, INC. $14,383.66
24862 LARSON, SANDRA $41.82
24863 LAW ENFORCEMENT LABOR SERVICES $210.00
24864 MAPLE PLAIN FIRE DEPT $2,836.00
24865 MAYER DISTRIBUTING $7,307.53
24866 MEDICA CHOICE $8,509.91
24867 METROCALL $48.41
24868 NATIONAL WATERWORKS $4,276.12
24869 NELSON, JASON $54.63
24870 NEXTEL COMMUNICATIONS $671.85
24871 OLSEN CHAIN & CABLE $89.41
24872 PRESS & NEWS PUBLICATIONS $34.57
24873 QWEST $458.67
24874 R.G.A. PROPERTIES LLC $7,250.00
24875 RANDY'S SANITATION $102.36
24876 ST. PAUL STAMP WORKS $15.60
24877 STREICHER'S $21.25
24878 TIME SAVER OFF SITE SEC. $369.50
24879 U.S. BANK $203,310.00
24880 U.S. POSTAL SERVICE $500.00
24881 UNIFORMS UNLIMITED $392.02
24882 VALVOLINE FLEET SERVICES $27.49
24883 VERIZON WIRELESS $13.51
24884 VIEAU, CEC $48.30
24885 WESTSIDE EQUIPMENT $47.68
24886 WRIGHT-HENNEPIN ELECTRIC $1,576.14
24887 XCEL ENERGY $71.45
24888 XEROX CORPORATION $172.77
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